Dec/21/2011

CBI out, Prime Minister in with safeguards as Cabinet clears Lokpal Bill draft

Refusing to be cowed down by pressure exerted by Team Anna, the government stood its ground on maintaining the investigative independence of the Central Bureau of Investigation, as the Union Cabinet, chaired by Prime Minister Manmohan Singh, cleared the draft of the controversial Lokpal Bill late on Tuesday evening. It is now likely to be tabled in the Lok Sabha on Thursday.

The administrative control of the CBI will continue to remain with the Department of Personnel and Training: it will not be under the Lokpal, as demanded by Team Anna and the Bharatiya Janata Party. The Lokpal will not investigate complaints suo motu — it will only take cognisance of complaints made to it by members of the public.

The nine-member Lokpal committee will not have an investigative wing, only an inquiry wing, as it will refer cases for investigation to the CBI, and these investigations will be done under the Lokpal's supervision. The government has also not accepted the suggestion by parties like the BJP to split the CBI's investigation and prosecution wings.

A concession the government has made to Team Anna is that Group A,B,C and D government employees will all be under the Lokpal, with complaints against Groups C and D being referred to the Central Vigilance Commission for investigation — the Lokpal will have oversight/appellate powers.

The Prime Minister will be under the Lokpal, but with safeguards so that matters relating to external affairs, atomic energy and national security are excluded. A complaint against the Prime Minister will be accepted only if three-fourths of the Lokpal committee are party to it; the enquiry will be held in camera and the report will go to Parliament.

The Prime Minister, the Leader of the Opposition and the Chief Justice of India will choose the Lokpal; to ensure that the ombudsman is accountable, 100 MPs can sign a petition to initiate proceedings for the removal of the Lokpal. Five of the nine members of the Lokpal committee will be SCs/STs/OBCs, women or the minorities.

After the Cabinet convened on Tuesday evening, MoS in the Prime Minister's Office and Department of Personnel V. Narayanasamy briefed the members on the main provisions of the draft Bill, with Ministers Pranab Mukherjee, P Chidambaram and Kapil Sibal — all members of drafting committee —intervening to elaborate on key issues.

With Prime Minister clearing the Cabinet note only earlier in the day, there was no time to circulate it and the draft Bill in advance to the Ministers; Cabinet members therefore relied on the briefing and the quick look they had during the meeting. However, many members were taken aback at how tough the provisions of the draft bill are, sources said.

India urges Russia to drop case against Gita translation

India has asked Russia to drop a court case against a translation of the Bhagavad Gita, while Russian ambassador to India Alexander Kadakin criticised as “madmen” those from the Siberian city of Tomsk who have sought a ban on the scripture which is part of the Mahabharata. Hours before Mr. Kadakin released the statement in Mumbai late on Monday night, a Russian court adjourned the case till December 28 to hear the views of Indologists from Moscow and the Russian ombudsman on the Bhagavad Gita and the minority rights.

The Indian embassy in Moscow took up the matter with senior Russian officials, seeking the government's favourable and positive intervention, Indian ambassador to Russia Ajai Malhotra said.

State prosecutors in Tomsk are seeking a ban on the Bhagavad Gita, alleging that it promoted extremism and sowed social discord.

Ombudsman Vladimir Lukin earlier said the attempt to ban the book amounted to infringement of the constitutional right to the freedom of consciousness.

Prosecutors said it was not the original Bhagavad Gita that they found offensive, but some commentaries allegedly insulting non-believers in the book written by A.C. Bhaktivedanta Swami Prabhupada, founder of the International Society for Krishna Consciousness (ISKCON). The case is built on testimony from local professors of philosophy and philology that the book expresses religious hatred and discriminates on the basis of gender, race, nationality and language. Mr. Malhotra raised a strong objection to the charges.

Citizens' Charter Bill tabled in Lok Sabha

A Bill laying down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter was tabled in the Lok Sabha on Tuesday.

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of Their Grievances Bill, 2011 was tabled by V. Narayanasamy, Minister of State for Personnel, Public Grievances and Pensions.

The Bill makes it mandatory for every public department to publish a Citizens' Charter and address grievances within 30 days, failing which the official concerned would face action, including a fine of up to Rs. 50,000 (to be recovered from his salary) and disciplinary proceedings.

The charter seeks to make it mandatory for government officials to acknowledge complaints from people within two days of receipt. The Bill seeks to set up a grievance redressal mechanism to tackle graft in the lower ranks of administration, a move that comes against the backdrop of Team Anna's anti-corruption campaign.

The might of the Navy-The First women president

FLEET REVIEW: President Pratibha Patil created history on Tuesday by sailing a warship during the 10th Presidential Fleet Review off the Mumbai coast, the first woman President to do so. In her address, she said: “Today the Indian Navy is one of the most capable in the region and… is destined to grow even further.” Here, Navy personnel salute the President from the deck of the INS Shankush submarine.

Cooperatives oppose I-T Act amendment

Leaders of the cooperative sector have opposed the Union Government's plans to tax profit-making cooperative societies, starting next fiscal.

At a press conference here on Monday, several leaders opposed the proposed amendment to the Direct Tax Code that plans to abolish income tax exemption under section 80-C of the Income Tax Act, 1961.

“This will destroy the cooperative sector,” Gurunath Jantikar, general secretary of the Karnataka State Credit Cooperative Societies Association, said.